Search
Saturday, February 04, 2012 ..:: Community » Forums ::.. Register  Login
 Note: Minimize

Why should I register?

Forums contain information on many levels.  Much of the information is free. Premium content includes specialized information for members of groups or industries.  Your level or role defines which content is available.  Registering at the most basic level, which is free, allows you to post comments and see additional forums.  This is necessary to help assure we know who is participating.  We do this to protect our members. 

Once you have registered you can tell us to remember you and you don't have to do it every time.  But with your username and password you can sign on as a member from any computer on the internet.  Please register.


 Print   
 
Real Estate DiscussionReal Estate DiscussionReal Estate Dis...Real Estate Dis...State of Alaska...State of Alaska...AREC decision limiting licensee from making a living??AREC decision limiting licensee from making a living??
Previous Previous
 
Next Next
New Post
 7/22/2010 9:41 AM
 
 Modified By jroyse  on 7/22/2010 12:17:36 PM

A corporation or any property owner could choose to collect the rents themselves. There is no law that I am aware of that says if the owner collects rents they must put them through a real estate company. Here is what the regulation says.

12 AAC 64.570. Property Management of Real Property.

(a) A licensee who has sole ownership of rental property either may manage the property through the licensee’s employing broker or may employ another broker or property manager to perform those management duties. Notwithstanding 12 AAC 64.550, the licensee or the broker performing those duties for the licensee is not required to keep records of rental agreements or rental transactions, if the records are kept by another property manager or broker.

(b) In addition to the duties set out in AS 08.88.615, a licensee who owns real property described in (a) of this

section must also

(1) disclose to each prospective lessee or tenant

(A) the items described in AS 08.88.615(a)(6) – (8); and

(B) the licensee’s ownership in accordance with AS 08.88.391; and

(2) provide the licensee’s broker with the following information for each property owned by the licensee:

(A) ownership position and percentage;

(B) copies of all financial records and rental agreements;

(C) an update for the broker when a change occurs to the information required to be provided under this

subsection;

(D) security deposits and prepaid rents to be held in the broker’s trust account in compliance with 12 AAC 64.200 or held in a licensee’s privately owned trust account to which the broker has access for oversight and review purposes; in this subparagraph, “prepaid rent”

(i) means that amount of money demanded by the landlord at the initiation of the tenancy for the

purpose of ensuring that rent will be paid;

(ii) does not include the first month’s rent or money received as security for damage;

(E) written documentation to refund a security deposit or deduct money from a security deposit.

(c) Notwithstanding 12 AAC 64.200, rents and other incidental income may be paid directly to the licensee as the lessor and need not be deposited in the broker’s trust account.

(d) The duration of the relationship between the licensee and the lessee must meet the requirements of AS 08.88.660.

(e) The commission may, under AS 08.88.071, impose a disciplinary sanction for violation of this section. A claim under AS 08.88.460 may be filed by a person if the claim is based on a violation of fraud, misrepresentation, or deceit and the person suffered a loss as a result of the violation.

(f) If the property is owned by a partnership, corporation, limited liability company, or other such legal entity in which a licensee has an interest, the licensee must disclose the licensee’s ownership position to the broker and ownership entity. If one or more licensees have a controlling interest or participate in the day-to-day operation or management of the subject property, the licensees are subject to this section except for (b)(2)(B) of this section. In lieu of compliance with (b)(2)(B) of this section, the financial records and copies of rental agreements for the property must be made available to the licensee’s broker for oversight and review.

New Post
 7/22/2010 2:13 PM
 
 Modified By Prevere  on 7/23/2010 7:56:35 PM

Since a lawyer doing lawyer duties falls under the same exception section does that mean an attorney who also has a real estate license, can no longer be involved with a real estate transaction unless their real estate license is held under the brokerage doing the transaction?

New Post
 7/23/2010 6:27 PM
 

Yes but the point is the exceptions as defined in 08 88 900 which lists a number of real estate related activities not requiring a license. Based on AREC any of the exceptions may no longer be available to a real estate licensee trying to make a living in one of those fields.

Latte stands are not included in 08 88 900 but tradesmen and maintenance and repair people are. So it is easy to assume that a painter tradesman who has a license at company "A" can no longer paint a house of another licensee at company "B" based on the Walsh response.

Also appears a person with their license in a referral company can no longer answer the phone at another brokerage.

New Post
 8/4/2010 11:47 AM
 

This is ridiculous. This is a non-monetary exchange of products and services type of relationship between a licensee and her landlord. What does the Broker say? As long as the supervision, public notification and other requirements are met, and I believe that can be reasonably accomplished, and the Broker does not request any monetary consideration for that supervision, what is the real problem here?

How far does this go? What about rental properties owned out-of-state by licensees where decision making regarding the general property is participated in by the licensee/ owner, but no tenant management duties are involved? Is the Broker responsible for the management team's activities on that property? If so, what kind of cross-state licensing is required? Who's property mangement laws are involved?

Ach - overstepping.

New Post
 8/9/2010 9:11 AM
 

This is another example of the Real Estate Commission picking on certain companies. I beleive it was Gene Duval that had the regulations changed regarding a licensee running their own properties through the brokerage. It was in the past that the office held the security deposits, but I think that was changed some years ago.

Previous Previous
 
Next Next
Real Estate DiscussionReal Estate DiscussionReal Estate Dis...Real Estate Dis...State of Alaska...State of Alaska...AREC decision limiting licensee from making a living??AREC decision limiting licensee from making a living??

1300 East 68th Ave Suite 110 Anchorage, AK 99518Phone (907) 563-3086Fax (907) 522-9300
Copyright 2010 by Royse and Associates   Terms Of Use  Privacy Statement